# How to Prepare an Evidence File for Trademark Proof of Use

> Trademark proof of use in Turkey: which evidence counts, which five years apply, how to organize the file. A step-by-step guide for opposition and revocation.

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Trademark proof of use means showing, with documents, that a mark has been put to genuine use in Turkey during a given five-year period, for the goods and services for which it is registered. In a good evidence file, every document answers four questions: when, which mark, which goods or services, and where? The evidence must cover the correct period, the places where the mark appears must be marked, and everything must be submitted to TÜRKPATENT (Turkish Patent and Trademark Office) with a numbered list within the one-month period granted.

Below we explain when proof is required, which period applies, what the Office looks at, the types of evidence, and how to organize the file. The general framework of the use requirement is in our [article on the five-year rule](https://www.webx.net.tr/en/blog/trademark-use-requirement-and-the-five-year-rule).

## In Which Two Situations Is Proof of Use Required?

Proof of use comes up in two different proceedings; the logic of the evidence is the same in both, while the period and deadline differ.

| Situation | Who proves use? | Period | Evidence deadline |
| --- | --- | --- | --- |
| Opposition to publication (SMK Art. 19(2)) | The opposing earlier trademark owner | The 5 years before the filing or priority date of the opposed application | 1 month |
| Revocation request (SMK Art. 26) | The owner of the mark sought to be revoked | Assessed by reference to the request date | 1 month + up to 1 month on request |

In an opposition, proof is required not automatically but at the applicant's request. For this, the earlier mark relied on must have been registered for at least five years on the filing or priority date of the opposed application, and the request must be made within the period in which the applicant responds to the opposition, in writing and expressly, stating the registration numbers of the marks. We explained how to structure the response in our [article on responding to an opposition](https://www.webx.net.tr/en/blog/how-to-respond-to-a-trademark-opposition). The procedure for a revocation request is in our [guide to requesting revocation for non-use](https://www.webx.net.tr/en/blog/trademark-revocation-for-non-use-request).

## First, Check Whether the Request Is Valid

If you are the opponent, check whether the proof-of-use request actually meets its conditions before you start collecting evidence. According to the Guidelines, proof of use can be requested only in likelihood-of-confusion oppositions under SMK Art. 6(1). In oppositions based on reputation under Arts. 6(4) and 6(5), the applicant cannot claim that the well-known mark relied on is not used; nor is a non-use claim heard against refusals issued directly by the Office on the ground of an identical or indistinguishably similar mark (Art. 5(1)(ç)).

The form of the request also matters. Under Implementing Regulation Art. 29, the request must be clear, explicit and unconditional and must include the registration numbers of the marks whose use is to be proven; otherwise, it is deemed not to have been made. If your earlier mark had not yet completed five years on the filing date, the request has no effect anyway. These checks can spare you an unnecessary evidentiary burden; still, rather than relying on the request being invalid and letting the period run, it is safer to prepare the file in parallel.

## Which Five Years Are You Proving?

Getting the period wrong is the quickest way to lose with the right evidence. In an opposition, the period is fixed: five years back from the filing or priority date of the opposed application. If the application was filed on March 15, 2026, use between March 15, 2021 and March 15, 2026 is examined. The Guidelines expressly state that use before and after this period is disregarded.

In revocation, the picture is somewhat different. The Law looks for five years of non-use and treats genuine use resumed after the five years expire, but before the request reaches the Office, as a fact that saves the mark. There is one exception: use made during the three months before the request was filed, once the request was anticipated, is not taken into account (Art. 26(4)). In practice, the safest course is to submit evidence showing an uninterrupted line of use running back from the request date, not bunched in the last three months.

## Genuine Use: What Does the Office Look At?

The Law does not define genuine use. The Implementing Regulation, however, requires the evidence to contain sufficient information on the nature, place, time and extent of use and on the form in which the mark is used. The TÜRKPATENT Proof of Use Guidelines explain these criteria, also taking into account the case law of the Court of Justice of the European Union.

- **Real commercial use.** Token use made merely to preserve the right is not enough; use must aim to create or maintain a share of the market.
- **Scale relative to the sector.** There is no fixed quantity threshold; sufficiency is assessed according to the nature of the goods and the structure of the market.
- **Use as a trademark.** The sign must be used in a way that indicates the origin of the goods or services; appearing only as a trade name does not count as use as a trademark.
- **Use in Turkey.** Use only abroad is not enough; use in one region of the country, however, may be sufficient. Use of the mark on goods or packaging solely for export also counts as use (Art. 9(2)(b)).
- **Acceptable variation.** Use of the mark in a form with different elements that does not alter its distinctive character counts as use (Art. 9(2)(a)); changing or removing the distinctive word does not.
- **Use with consent.** Use by a licensee, a franchisee or a group company counts as use by the owner (Art. 9(3)); however, according to the Guidelines, consent must be given before the use, and approval given afterwards is not enough.

## Types of Evidence and What They Prove

The Implementing Regulation accepts all kinds of supporting documents, such as packaging, labels, price lists, catalogs, invoices, photographs and newspaper advertisements. Their strength, however, varies:

| Evidence | Strength | Weak point |
| --- | --- | --- |
| Invoice, e-invoice, delivery note | Date, goods, quantity and buyer's location | If it shows only a product code or "miscellaneous", it does not show the mark |
| Photo of packaging and label | How the mark appears on the goods | Without a date, it cannot be tied to the period |
| Catalog, price list | Links the product to the mark and the product code | Does not prove sales on its own |
| Website and marketplace records | Sales channel and product page | An undated screenshot is weak |
| Advertising visual and invoice | Investment in the mark | Must state which product it relates to |
| Trade fair participation document and booth photo | Presentation to the market | Shows promotion, not sales |
| Customs and export documents | That goods were branded in Turkey and exported | How the mark appears on the goods must be shown separately |

The Guidelines count invoices among the strong pieces of evidence and treat catalogs and product code explanations as auxiliary evidence that explains the invoices. If an invoice shows a product code, always attach an explanation showing which branded product the code corresponds to.

Data on commercial activity also strengthen the file: turnover of the branded product, the dealer and branch network, and export volumes are valuable to the extent they can be tied to that mark rather than to the company's general figures. Statements from independent sources such as suppliers, customers or experts help only when they are concrete and detailed; general remarks along the lines of "we have known this brand for years" do not constitute proof on their own.

## The Four-Element Rule: Date, Mark, Goods, Place

Each piece of evidence does not have to carry all four elements on its own, but the file as a whole must. The Guidelines state that evidence is assessed as a whole, not item by item, and that some undated documents can be taken into account when linked to dated ones.

The practical method is simple: link an undated packaging photo to a dated invoice issued under the same packaging code and to the catalog that explains that code. Together, the three documents build the sentence "this mark was sold on this product, on this date, in Turkey." A document with no such link is, in the Office's eyes, just a piece of paper.

## Organizing the File, Step by Step

The Implementing Regulation requires evidence to be submitted with a detailed list showing which fact is proven by which piece of evidence, and the parts proving use of the mark to be marked. For evidence that is disorganized, unlisted or not linked to the claims, the Office gives one month; evidence not corrected in time is disregarded.

1. **Prepare an index.** Give each annex its number, type, date and what it proves on a single line.
2. **Number and paginate the annexes.** The Guidelines ask for the registration number of the mark concerned to appear at the top of each document and for page numbers to be shown.
3. **Mark the trademark.** On invoices, catalogs and screenshots, clearly highlight where the mark and the goods appear.
4. **Add a goods-and-services matching table.** Next to each registered item, write the annex numbers that prove it; honestly leave blank the items for which you have no evidence.
5. **Write a short summary statement.** Describe in a few paragraphs when use began, its channels, regions and development over the years.
6. **Check the volume.** The 2017 Guidelines recommend that evidence not exceed 100 pages; select representative samples from each year.

The matching table is especially important. In an opposition, if use is proven only for some goods, the opposition is examined on the basis of those goods alone (Art. 19(2)); in revocation, too, partial revocation follows for items where use is not proven.

## What Happens After the Evidence Is Submitted?

Submitting the file does not end the process. In an opposition, if the Office considers it necessary, it gives the applicant one month to comment on the evidence submitted; if the applicant comments, the opponent is also given one month to reply (Implementing Regulation Art. 29(4)). In a revocation request, too, the Office may give the parties one month for additional information, documents or explanations.

These stages are not a general door for adding new evidence. Apart from what the Office specifically requests, no evidence can be submitted once the periods granted have expired. When replying to the other side's objections, you need to re-link your existing annexes and refer to the matching table rather than adding new documents. That is where the value of building the file completely the first time comes from.

## If There Was No Use: Documenting a Justified Reason

If the mark was not used during a given period, the defense may be to show that non-use was based on a justified reason. The Guidelines include serious obstacles beyond the owner's control in this category: an import restriction, an embargo, or the competent authorities' failure to grant the permit required to sell the product. Financial difficulty or postponing a marketing plan, however, is not a justified reason.

The same principle applies to this defense: the start and end dates of the obstacle, its connection to the mark and how it made use impossible must be documented with official correspondence, application petitions and copies of decisions. Evidence showing when use began after the obstacle was removed should also be added to the file.

## Common Mistakes

- **Undated screenshots.** An image whose capture date is unknown cannot be tied to the period.
- **Evidence of a different sign.** Use in which the mark's distinctive word has changed may not count as use of the registered mark.
- **Submitting a group company's invoice without explanation.** The consent to use and the relationship between the companies must be documented.
- **Documents outside the period.** Documents from before or after the five-year window crowd the file but carry no evidentiary value.
- **Missing the deadline.** Apart from what the Office requests, no evidence can be submitted after the period granted has expired.
- **Sending everything in bulk.** Hundreds of unlisted pages lead to a correction period and lost time.

## Fictional Example: Pelinsu Tekstil

Fictional example: Pelinsu Tekstil's "SERAVİN" mark is registered in Class 25 for clothing, footwear and headgear. It opposes an application, and the applicant requests proof of use. The team first calculates the period and, for each year, selects three or four sales invoices, photos of branded labels, catalogs from two seasons and marketplace sales reports.

The matching table reveals a fact: there is strong evidence for clothing, a single trade fair photo for footwear, and nothing for headgear. Instead of forcing footwear and headgear, the team focuses the file on clothing. The Office examines the opposition on the basis of clothing only. From the following year, the same team starts keeping regular records for the items missing from the archive.

## Checklist for Building an Archive Starting Today

Starting to collect evidence when a proof-of-use request arrives means hunting for lost invoices. The following routine should become an annual habit:

- Each year, for each registered item, a few dated sales documents in which the mark clearly appears.
- With every change to packaging and labels, dated photos and the printing invoice.
- Dated PDF copies of catalogs and price lists; a product code correspondence table.
- Dated records of website and marketplace pages, and sales reports.
- License, franchise and distribution agreements, with an undertaking from those parties to provide evidence of use.

To run this check together with the rest of your portfolio, see our [annual intellectual property audit](https://www.webx.net.tr/en/blog/annual-ip-audit-for-companies) guide. Spotting similar applications early also turns the clock in your favor; that is why a [trademark watch service](https://www.webx.net.tr/en/hizmetler/marka-izleme) is the natural complement to the archive.

## When Preparing Your File

In proof of use, time is short and organization is decisive. Webx's [legal protection service](https://www.webx.net.tr/en/hizmetler/hukuki-koruma) helps you build the evidence file within the deadline, from calculating the period to the matching table. If you want to see the opposition process as a whole, you can start with our article on [what to do when an opposition is filed against your trademark](https://www.webx.net.tr/en/blog/trademark-opposition-filed-against-my-application).

## Sources

- [Legislation Information System — Industrial Property Law No. 6769 (SMK)](https://www.mevzuat.gov.tr/mevzuatmetin/1.5.6769.pdf) (Arts. 9, 19, 25(7), 26, 29(2))
- [Official Gazette — Regulation on the Implementation of the Industrial Property Law (April 24, 2017)](https://www.resmigazete.gov.tr/eskiler/2017/04/20170424-5.htm) (Art. 29 proof-of-use request, Art. 30 evidence)
- [Official Gazette — Amendment to the Regulation (March 15, 2025)](https://www.resmigazete.gov.tr/eskiler/2025/03/20250315-20.htm) (Art. 30/A reply period and evidence in revocation requests)
- [TÜRKPATENT — Proof of Use Guidelines](https://webim.turkpatent.gov.tr/file/8fae8bcb-698a-4e7d-8fbf-37f245149d99) (types of evidence, genuine use, use with consent, period)

## Frequently Asked Questions

### Can I submit my evidence together with the opposition from the start?

Yes. The Implementing Regulation provides that the opponent may submit evidence of use together with the opposition form. If the applicant requests proof of use in time and the evidence submitted at the outset is found sufficient, the examination proceeds without giving the opponent a further one-month period; if it is not found sufficient, time is granted for additional evidence. If your earlier mark is more than five years old, preparing the file together with the opposition saves time.

### Are a few invoices enough to prove use?

There is no fixed threshold. The TÜRKPATENT Guidelines state that sufficiency is assessed according to the nature of the goods, the structure of the market and the regularity of use: a small number of sales may be considered sufficient for an expensive, rarely sold product, while the same quantity may fall short for an everyday consumer product. The safe approach is to show a regular sales pattern that spans the five-year period and fits the mark's scale in its sector.

### Do I need to have foreign-language documents translated?

The Office may require a Turkish translation certified by a sworn translator for all or some of the evidence in a foreign language, and may give two months for this. If the translation is not submitted in time, that evidence is disregarded in the examination. If you plan to use export invoices or foreign-language catalogs, having the parts that mention the mark and the goods translated in advance reduces the time pressure.

### Is proof of use requested only before TÜRKPATENT?

No. The same defense can come up in court. The SMK provides that a request for proof of use can also be raised as a defense in invalidation and infringement actions; in those actions, the date of the action is used to determine the five-year period. So a well-kept archive of use is valuable not only in opposition and revocation files but also when you protect your trademark in court.

### Can I hide customer names and prices?

Concealing personal data and trade secrets is a legitimate need, but you must not remove the information needed for proof. The date, mark, goods and quantity should remain legible; if amounts are blacked out entirely, the scale of use may not be assessable. Masking the customer's identity while leaving the city visible is a balanced approach that preserves the place element while also protecting confidentiality.

### I acquired the trademark by assignment; does the previous owner's use count?

According to the TÜRKPATENT Proof of Use Guidelines, for an assigned mark, use by the assignor before the assignment and within the five-year period to be proven is also accepted as use. By contrast, if the previous owner never used the mark, the assignment alone does not justify non-use. That is why it is important, when buying a trademark, to also obtain the previous owner's evidence of use.

## Related Resources

- [Legal Protection](https://www.webx.net.tr/en/hizmetler/hukuki-koruma): Explains attorney support for bulletin oppositions, appeals against refusals, counter-statements and trademark infringement cases.
- [Trademark Watch](https://www.webx.net.tr/en/hizmetler/marka-izleme): Covers monitoring similar applications published in the Official Trademark Bulletin and reporting them before the opposition period ends.
- [Requesting Revocation of an Unused Trademark: The TÜRKPATENT Procedure Step by Step](https://www.webx.net.tr/en/blog/trademark-revocation-for-non-use-request): How to request revocation for non-use in Turkey: the five-year count, the request form, 2026 fee and deposit, the owner's reply period, decision and appeal.
- [How to Respond to a Trademark Opposition](https://www.webx.net.tr/en/blog/how-to-respond-to-a-trademark-opposition): How are observations against a trademark opposition prepared? The one-month deadline, what to include, the proof-of-use request and what does not work.
- [The Trademark Use Requirement: The Five-Year Rule and the Risk of Cancellation](https://www.webx.net.tr/en/blog/trademark-use-requirement-and-the-five-year-rule): Cancellation for non-use: the five-year rule, what counts as genuine use, what evidence proves use, and how TÜRKPATENT's administrative cancellation process works.
- [An Opposition Has Been Filed Against My Trademark — What Now?](https://www.webx.net.tr/en/blog/trademark-opposition-filed-against-my-application): Has your trademark application been opposed? The observation deadline, the proof-of-use request, the consent route and the steps that improve your chances.
- [Annual IP Audit for Companies: Trademarks, Patents and Designs](https://www.webx.net.tr/en/blog/annual-ip-audit-for-companies): How to run an annual IP audit: the inventory table, trademark, design and patent deadlines, 2026 TÜRKPATENT fee items and a quarter-by-quarter audit calendar.
- [Acquired Distinctiveness Through Use: Can a Descriptive Mark Be Registered?](https://www.webx.net.tr/en/blog/acquired-distinctiveness-through-use): Can a descriptive trademark be registered in Turkey through acquired distinctiveness? SMK Article 5(2) conditions, timing, evidence and how to build the file.